21Long service benefit on deregistration

21 Long service benefit on deregistration (1) This section applies in relation to a person if: (a) the person is deregistered under section 13(1)(a), (b) or (c) and had at least 32.5 days of LSL credits immediately before the deregistration; or (b) the person is deregistered under section 13(1)(d) and had at least one day of LSL credits immediately before the deregistration. (2) The deregistered person, or that person's personal representative if subsection (1)(b) applies, may apply for a long service benefit for the LSL credits. (3) The application must be: (a) made to the Board in an approved form; and (b) made within 4 years after the deregistration. (4) If the Board is satisfied that the applicant is entitled to make the benefit for the LSL credits to the applicant; and amount of the LSL credits by the relevant pay rate for the deregistered person. (5) For subsection (4): (a) the amount of the LSL credits must be expressed as a number (including a decimal number) of days; and

Construction Industry Long Service Leave and Benefits Act 2005 17 (b) the relevant pay rate for the deregistered person is: (i) if the person was last credited with qualifying service when the person was an employee – the employee pay rate that would have been applicable to the person when that credit was made; or (ii) if the person was last credited with qualifying service when the person was a contractor – the contractor pay rate that would have been applicable to the person when that credit was made. (6) The Board must refuse the application if the Board is not satisfied (7) Whether the Board decides to accept or refuse the application, the (8) Except in exceptional circumstances allowed by the Board, the Registrar must not register the deregistered person again as an employee or as a contractor if the Board decides to accept the